• timothyagriswold

The Establishment and Effect of a Couple's Date of Separation for Divorce in California


California is one of a handful of community property states in the United States. What that means essentially is that property and money acquired through the labor of either party during a couple's marriage belongs equally to both parties.

The date of separation is an important concept when a couple decides to get a divorce, because after this period any assets acquired through individual labor belongs to the party who acquired such as their own separate property. In other words, any assets or money so acquired will not be subject to division through the divorce process.

Great! But when does the date of separation begin?

In most instances, couples easily come to an agreement on this issue. It is usually when one party moves out and has no intention of returning.

In some cases, however, this issue may not be not so clear cut. In difficult economic times, for instance, couples may choose to stay together under one roof due to financial considerations, but for all intents and purposes have ended their marriage. Also the opposite of this situation can occur, where couples live separate and apart from one another, but have no intention of ending their marital union.

When the date of separation is in dispute, the court will assess the subjective intention of the parties by often using the objective facts. Things such as culture, religious beliefs, and personal preference can color the ultimate finding of fact on this issue.

What the court is looking for is unambiguous and objectively ascertainable facts that the parties intended the marriage to be over.

In highly disputed divorce cases where this is debated, a mini-trial specifically on this topic may be the best solution as early as possible in the divorce proceedings.


5 views

Recent Posts

See All
Griswold Law Firm offers services in civil litigation and family law in and around the Austin, Texas area, such as Bee Cave, Round Rock, Cedar Park, Plugerville, Cedar Park, etc. as well as the general areas of Travis County and Williamson County.  He also handles big cases in Alameda, Santa Clara and San Mateo Counties in California, for which he collaborates with a local attorney

FOLLOW US:

  • Facebook App Icon
  • LinkedIn App Icon

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. The information appearing on this site is not intended to create, and viewing of this information does not constitute, an attorney-client relationship.  You should not rely on this information without seeking the advice of an attorney.

 

Note further, an attorney-client relationship shall only be formed by entering into an attorney-client retainer agreement with an attorney from our firm.  Sending email to or calling Griswold Law Firm does not in itself constitute the creation of an attorney client relationship.

 

© 2014 Griswold Law.  All Rights Reserved

 

 

 

Contact Griswold Law Today: Phone (408) 893-5617| Fax (408) 550-1893 |Email tim@griswoldlawfirm.com 

2101 Cochise Trail, Austin, Texas, 78733